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DIVISION
OF SPECIAL EDUCATION
Telephone: 317-232-0570
Facsimile: 317-232-0589
e-mail: rmarra@doe.in.gov
**THESE
MINUTES WERE APPROVED AT THE STATE ADVISORY COUNCIL MEETING OF 031998**
Meeting
of the State Advisory Council on Students with Special Needs
February 20, 1998
Embassy Suites, North
Indianapolis, Indiana
In attendance: Maureen
Greer (Callee Bigsby), Mary Ramos, Edward Kasamis, Brett Bollinger,
Kathy Wodicka, Robert Marra, Marcia Johnson, Michael Dalrymple,
Jackie Pitman, Becky Bowman, David Schmidt, Becky Kirk, Jeanine
Calbria, Liam Grimley, Theresa Willard, Julie Swaim, Rose Black,
Deborah Winchester, Carolyn Heier, and Cathlene Hardy-Hansen.
Special Guest: Maria
Sells (Department of Correction - Special Education Department).
Interpreters: Lisa
Moester and George Perry.
Division Staff: Lynn
Holdheide, Steve Stafford, Rebecca Relford, Sally Cook, and Sharon
Knoth.
Meeting called to order
at 9:00 a.m.
Mr. Marra asked for
introductions of Council members for the advantage of new members
of the Council.
Mrs. Wodicka opened
the meeting. Dr. Kasamis moved to approve the minutes from January's
meeting. Seconded by Dr. Bollinger. Minutes were approved.
Mr. Dalrymple moved
that Kathy Wodicka be Chair of the Council for the upcoming year.
Seconded by Mrs. Kirk. Dr. Grimley moved that we close nominations.
Seconded by Dr. Kasamis. Motion approved.
Dr. Kasamis moved that
Mr. Schmidt be vice chair of the Council. Seconded by Dr. Grimley.
Mrs. Black made a motion to close nominations. Seconded by Dr.
Grimley. Motion carried.
Overview of Article
7 DRAFTing Schedule
Mr. Marra gave an overview
of the Article 7 DRAFTing Team appointed to rewrite Article 7.
By the end of July the Division will have a draft of Article 7
ready for the Council. The Division received a letter from Mr.
Hehir indicating that Indiana's Implementation Plan has been approved
by OSEP.
Mr. Marra gave an
overview of Rule 10 and the discussions which ensued among
the members
of the DRAFTing Team. There was discussion among the Team to "remove"
General Education Intervention from Rule 10 and "add"
language about the evaluation requirements to encompass documentation
of interventions attempted. This is really a general education
process - not a special education process. Many local directors
have expressed concern about being "held responsible"
for something they have no control over. He also spoke to the
Council of the Team's thoughts on extending the evaluation time
period from 40 to 60 instructional days. This recommendation is
the result of a proposal by the DRAFTing Team that parents/family
be provided a copy of the M-Team report prior to convening the
case conference committee meeting (to afford the parents an opportunity
to review it and formulate questions prior to coming to the case
conference committee meeting). Mr. Schmidt indicated he would
be in favor of keeping GEI. Mr. Dalrymple expressed a concern
that he would like to read the actual language before forming
an opinion. Mr. Marra indicated that we would provide the Council
with the draft language prior to asking for a vote on these issues.
Mrs. Kirk expressed concern about extending the time period for
evaluations. Dr. Kasamis indicated that if we were moving toward
INCLUSION, it seems illogical to not afford the district the extra
time to attempt to keep the student involved in general education
(give it more latitude). Mrs. Johnson indicated that, as a building
principal who has been in special education for several years,
she would see could see that it would be favorable if it is moved
to 60 days - but language needs to be added to ensure certain
things are completed within that time frame. However, we would
need to explain what type of involvement we "expect" from
general education prior to convening the case conference committee
meeting. Mr. Marra explained the process from the perspective
of our Program Review Team at the Division. Mr. Marra explained
that the Council will be presented with two versions of the Rule
10 - one with GEI and one without, and then we will ask for a
motion to approve one or the other (or revise one).
Legislative Update
Mr. Marra gave an
overview of the current legislative session with respect to
items which
affect special education. Our amendments to the Advisory Council
have been basically "unopposed."
Mr. Marra discussed
the discipline section of HR 5 (the Act) and the 10-day Rule.
He referred to Section 612 (page 60 of HR 5) where it defines
Free Appropriate Public Education and explained to the Council
how the Division was obtaining its interpretation of the 10-day
Rule. The Federal government has not provided us with guidance
in this area. Mr. Marra indicated that we would provide the
Council
with a copy of the "Committee Notes" from HR 5 - so
they may read the comments of Congress on this issue.
Mr. Marra indicated
that we will be drafting language for Article 5 (the general education
regulations). The language will address accommodations on the
ISTEP+ and the Indiana Graduation Qualifying Exam (IGQE). A discussion
of ISTEP+, the IGQE, and the proposed Alternate Assessment ensued.
Dr. Grimley referred to page 1 of the minutes, the Council is
actually the State Advisory Council on Children and Youth with
Disabilities, whereas our Agenda speaks to Students with Special
Needs. He would like to see us called the State Advisory Council
on Students with Special Needs. Dr. Kasamis asked what the Division
was doing to inform local Directors of accommodations on the state-mandated
assessment. Mr. Marra gave an overview of what the Division has
done to this point. Mrs. Black indicated that she would like to
see the ISTEP+ Program Manual. We will provide Council members
with a copy prior to the March meeting.
Child Count Update
Mr. Marra reviewed
the data from the December 1 Child Count for 1997. He gave
an
overview of how to interpret the data as it was presented in
the charts distributed to the Council. A discussion of the
funding
for the "MoMH" category ensued. There were many who
believed that "MoMH" should be funded under the "higher"
weight vs. the lower funding rate. Mrs. Johnson commented on the
ability for schools to "label" a student for funding,
yet utilize a teacher of record (TOR) and actually serve the
student
in a less restrictive placement. She likes the concept of TOR.
Cooperative Structures
Mr. Marra shared several
documents with the Council. A discussion of the various items
ensued. The Council for Exceptional Children (CEC) document
is
actually a chronological history of special education in the
United States. He then walked through an historical perspective
of special
education in Indiana. A document developed in 1969 was then shared
with the Council which explained to school districts how they
were to establish a Special Education Cooperative (Joint Service
and Supply) agreement to meet the requirements of P.L. 94-142.
School districts in Indiana who had fewer than 10,000 students "were more likely" to seek out and establish Joint Service
and Supply Agreements. All districts were required to submit a
Comprehensive Plan to the Division of Special Education. This
"Comp Plan" required the LEA to explain in detail how
they would ensure the provision of special education and related
services to all students with disabilities who reside in their
district. The Comp Plan also had to indicate which district would
be the fiscal agent for the Cooperative - into which district
did special education dollars flow?
Comprehensive Plan
- a Sample
Mr. Marra distributed
several items to assist the Council in understanding the different
special education planning districts structure(s). We currently
have 16 districts which are "single districts," 36 districts
are Joint Services and Supply, one is a Special Education Cooperative,
and 11 are Interlocals. When the LEAs join together they must
inform the Division who will be the "fiscal agent,"
but the Advisory Council has no "vote" on that issue.
The Advisory Council reviews and makes recommendations when LEAs
are planning to join together, split apart, or make major changes
in their organizational structure. Joint Services and Supply
are
either a centralized program or a decentralized program. An Interlocal
is just like a school corporation, but they haven't the authority
to levy taxes or produce funding. An Interlocal is its own fiscal
agent. The Special Education Cooperative is somewhere between
an Interlocal and a Joint Service and Supply. It has its own
school
board and its own funding, but it doesn't have to go before the
State Board of Accounts for fiscal efforts. The comprehensive
plans the Council will review at next month's meeting are both
Joint Services and Supply (currently).
Mrs. Willard questioned
the Council's authority to interfere with contracts. What gives
us (the Council) the authority?
Mrs. Hardy Hansen would
like some background information. What is a corporation? What
is a cooperative? What first motivated them to join together?
What assisted in keeping them together all these years? What has
now caused them to want to split apart?
Mrs. Willard asked
whether the Council could have the districts come back in a year
and let the Council evaluate how the new arrangement is working?
Mr. Marra clarified that it would be accomplished through the
Division's Monitoring process. If LEAs are found to be out of
compliance, the Division has the authority to delay or withhold
funding.
The March Advisory
Council meeting will begin at 9:30 a.m. on Thursday, March 19
- with Jay Randolph on the schedule at 10:00 a.m. We will break
for lunch at 12:00 and West Central Indiana Special Services will
present to the Council at 1:00 p.m. We will then meet from 9:00
to 1:00 on Friday, March 20.
A tentative meeting,
if needed, is scheduled for May 1st to be convened in Bloomington.
The Division will set up hotel accommodations for those who wish
to have overnight rooms. The meeting will be from 10:00 a.m. -
4:00 p.m. Bob will check into possibly having the meeting at ISDD.
Mrs. Wodicka thanked
the Division for the work they put in setting up for the March
meeting. The documents will be very helpful in assisting us in
making decisions.
Dr. Kasamis moved that
we adjourn our meeting. Seconded by Dr. Grimley. Carried. Meeting
adjourned at 2:45 p.m.
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